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Concept of Legal EU Immigrant

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Chapter Summary

National migration policies of different EU Member States have shifted over the years. Differences in national policies and a fragmented approach to persons arriving in the EU preclude arguing for a concept of an EU immigrant endowed with a certain set of rights. In the exercise of free movement rights the ultimate aim would be equal treatment or nearly equal treatment of third-country nationals. The chapter highlights the approach of the CJEU which is ready to invoke Charter rights in addition to Treaty provisions and rights derived from the directives. It also evaluates the main trends in EU migration policy by analysing relevant provisions and especially secondary legislative acts, including LTR Directive; Family Reunification Directive; Students Directive and Researchers Directive. CJEU rulings and legislative proposals presented permit the argument that EU immigration law of the is gradually developing and diminishing differences in treatment between EU citizens and immigrants.

Keywords:Charter of Fundamental Rights; CJEU; EU immigration; EU migration policy



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